Case law

Johnson v. State

186 Okla. 80 · Supreme Court of Oklahoma · Oct 3, 1939

We therein applied the rule that when a petition or complaint “shows clearly upon its face that more than the statutory period of limitations has elapsed, and there is no allegation in the petition which takes the cause out … Meisinger and the defendant was established by her testimony and admitted by the defendant. According to Mrs.

Taylor v. State

95 Okla. Crim. 98 · Court of Criminal Appeals of Oklahoma · Jan 31, 1952

case cannot be established by the extrajudicial confession or admission of the defendant alone.” … the same, we now test their applicability to the facts developed in the within case. *106 But in considering the questions raised, it should be kept in mind that we have held that the corpus delicti of an offense may be established

Hill v. Heckler

592 F. Supp. 1198 · District Court, W.D. Oklahoma · Aug 30, 1984

The duty of establishing those particular circumstances rests with the party who asserts the existence of the class and that party must produce some evidence or otherwise establish by reasonable estimate the number of class … The statute also clearly provides in § 405(a), quoted at length, supra in footnote 3, that the Secretary has “full power and authority” to establish by rules and regulations the standards for benefit eligibility.

Tate v. Murphy

202 Okla. 671 · Supreme Court of Oklahoma · Oct 18, 1949

He is the only witness for the plaintiff who could qualify as an expert. … Everhart, but such was not established.

Mills v. State

594 P.2d 374 · Court of Criminal Appeals of Oklahoma · Jun 26, 1979

Patricia Armstrong, having been granted immunity from prosecution, basically corroborated the testimony of Emily Grant. … State, Okl.Cr., 546 P.2d 1336 (1976), where the court said: “ * * * Clearly, the informant was present only to detect whether or not the defendant was selling heroin.

Davis v. State

413 P.2d 920 · Court of Criminal Appeals of Oklahoma · Apr 27, 1966

This paragraph is subsequently qualified by those following and explaining the general statement. Among those are the paragraphs quoted hereinbefore. This Court held in Leeth v. … The State would establish that the crime rate increased in Prague, Oklahoma, after Davis went to work over there.” The Judge responded, “I don’t believe that would be admissible.”

Equal Employment Opportunity Commission v. Voss Electric Co.

257 F. Supp. 2d 1354 · District Court, W.D. Oklahoma · Apr 7, 2003

Eiland cannot establish a prima facie case of disability discrimination. To establish his prima facie case, Mr. … Eiland must “establish that: (l)[he] is a disabled person as defined by the ADA; (2)[he] is qualified, with or without reasonable accommodation, to perform the essential functions of the job held or desired; and (3) the employer

Alexander v. State

305 P.2d 572 · Court of Criminal Appeals of Oklahoma · Dec 12, 1956

The accused’s evidence, though not entirely satisfactory and free from doubt in establishing her contention, could not simply be brushed off as of no consequence. … Van Pelt, who qualified as an expert. He not only understood the use of the drunkometer, but qualified as competent to give an opinion as to the effect of alcohol on the human body.

Baldwin v. State ex rel. Department of Public Safety

64 O.B.A.J. 990 · Supreme Court of Oklahoma · Mar 30, 1993

Despite the claims of the appellant to the contrary, the appellant has established by its own admission that the appellant does not clearly apply a certain con *403 struction to determine what acts of a motorist constitute … Comparing the rule in Standish to the facts in Schroeder , the two cases are clearly consistent.

Armstrong v. Phillips

76 Okla. 192 · Supreme Court of Oklahoma · Dec 3, 1918

As there can be no question that the evidence introduced by the plaintiff clearly tends to establish her contention that the deed made by her to her grandfather was intended as security for the payment of a loan of money, … L. 1910, which provides: “Every instrument purporting to be an absolute or qualified conveyance of real estate or any interest therein, but intended to be de-feasible or as security for the payment of money, shall be deemed

Opinion No. (1996)

Oklahoma Attorney General Reports · Mar 20, 1996

Opin. 76-222. ¶ 11 Thus, it has been firmly established by this office that the provisions contained within Section 150.8(F) authorize a former municipal police officer who has been hired by the OSBI, the opportunity to remain … Okla. 1985). ¶ 15 While it is true that membership in OLERS by eligible employees can be viewed as mandatory under 47 O.S.Supp. 1995, § 2-300[ 47-2-300 ] (6), it is also true that through Section 150.8(F), the Legislature clearly

Otjen v. Kerr

191 Okla. 628 · Supreme Court of Oklahoma · Dec 18, 1942

we have nothing but conclusions without the statement of any facts to be established at the hearing by contestant or to be controverted by his adversary. … governing certainty, definiteness, and particularity in pleading have frequently been applied to pleadings in which fraud is a basis for affirmative relief; in such cases the facts constituting the claimed fraud must be clearly

Youngblood v. Boake

124 Okla. 84 · Supreme Court of Oklahoma · Dec 14, 1926

The plaintiff alleges in his petition that he is the duly appointed, qualified, and acting administrator of the estate of J. M. … by counsel for defendant in their brief that this court will not disturb the verdict of the jury in a law case if there is any evidence reasonably tending to support the verdict, but it is insisted that the evidence is clearly

United States v. Rx Depot, Inc.

290 F. Supp. 2d 1238 · District Court, N.D. Oklahoma · Nov 6, 2003

Plaintiff has established more than a substantial likelihood that it will succeed on the merits. 15. … Defendants argue that plaintiffs enforcement actions violate the Privileges and Immunities Clause, U.S. Const., art. IV, § 2.

New Amsterdam Casualty Co. v. Scott

106 Okla. 268 · Supreme Court of Oklahoma · Mar 3, 1925

Scott, in his petition alleges that he is the qualified and acting guardian of the estate of Levi Scott Clark, a minor, that Mary A. … We think the defense otherwise interposed is *272 sufficient to establish the fact that there is no issue raised.

In Re 1973 John Deere 4030 Tractor

62 O.B.A.J. 2437 · Supreme Court of Oklahoma · Jul 30, 1991

The evidence establishes the following undisputed facts. Victor C. … He is said to have a “qualified possessory right” in the property. (Snethen, 664 P.2d at 381.)

Opinion No. 68-306 (1968) Ag

Oklahoma Attorney General Reports · Nov 21, 1968

68-2481.7 ] [ 68-2481.7 ]): "Any assessor who deems it necessary to enable him to complete the listing and the valuation of the property of his county within the time prescribed by law, (I) may appoint one or more well-qualified … It is where the special law clearly includes the subject matter and prescribes different rules of procedure that it controls over a general law. Reubin v. Thompson, Okl., 406 P.2d 263 (1965).

Putman v. State

9 Okla. Crim. 535 · Court of Criminal Appeals of Oklahoma · Jun 7, 1913

The practical effect of the position of counsel for appellant would be-to grant immunity to the keepers of such houses, it matters not where located. … That fact being established, both upon principle and authority, we think the testimony competent.

State Freeling, Atty. Gen. v. Kight, County Judge

49 Okla. 202 · Supreme Court of Oklahoma · Oct 12, 1915

Tom Kight, as the duly elected, qualified and acting county judge of Rogers county, Okla., commanding him, as such county judge, to observe and obey certain rules of procedure in probate matters (other than rule 10, which … shall be coextensive with the state, and shall extend to all civil cases at law and in equity, and to all criminal cases until a Criminal Court of Appeals with exclusive appellate jurisdiction in criminal cases shall be established

HOUGH OILFIELD SERVICE, INC. v. NEWTON

396 P.3d 230 · Court of Civil Appeals of Oklahoma · Sep 22, 2016

The interpretation urged by Appellant serves the intended purpose of the statute which, in our view, clearly contemplates the circumstances extant here. … Kelsey Hayes, Inc., 1991 OK 83 , 825 P.2d 1273 , to establish that an action dismissed without prejudice in which the defendants have not been served with summons may be refiled within one year of the dismissal pursuant to